[HISTORY: Adopted by the Township Council of the Township
of Eastampton 11-28-1995 by Ord. No. 1995-09; amended in its entirety 8-23-2010 by Ord. No.
2010-14 (Ch. 72 of the 1974 Township Code). Subsequent
amendments noted where applicable.]

The Township of Eastampton finds that reducing the amount of
solid waste and conservation of recyclable materials is an important
public concern and is necessary to implement the requirements of the
SWMA and the County Plan. The recycling of certain materials from
the residential, commercial and institutional establishments in this
municipality will conserve existing landfill capacity, facilitate
the implementation and operation of other forms of resource recovery
and conserve natural resources through reduced energy consumption,
reduced water and air pollution as well as reduce the demand on raw
material extraction.

The program utilized for the collection of those recyclable
materials as designated by the Department of Solid Waste from residential
curbside, participating multifamily and participating school collection
programs.

A person who shall have completed the requirements of a course
of instruction in various aspects of recycling program management,
as determined and administered by the Department of Environmental
Protection.

A location designed in accordance with the land use ordinances
of this municipality as required for multifamily dwellings with more
than 20 residential units where curbside collection is not provided
under the Burlington County Regional Program.

A group of units, arranged horizontally or vertically, where
the form of ownership of real property under a master deed provides
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.

Computer equipment, including desktop and laptop computers
and related components, including monitors, circuit boards, terminals,
and CPUs, and peripheral equipment, including keyboards, printers,
copiers, and fax machines. It shall also include VCRs, CD players,
DVD players, and cellular phones. Consumer electronics shall not include
televisions as defined herein until such time as such devices are
banned at solid waste disposal facilities in accordance with the Electronic
Waste Management Act, P.L. 2008, c. 130 et seq.,[1] and any amendments thereto.

All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
excluding plastic, foam, foil- or wax-coated or soiled corrugated
cardboard.

The transportation, placement, reuse, sale, donation, transfer
or temporary storage for a period not exceeding six months, or for
a period of time as mandated by law, of designated recyclable materials
for all possible uses except for disposal as solid waste.

A lighting system which works by creating electric arcs inside
a gas-rich tube to produce ultraviolet light, then converting this
to visible fluorescent light by its passage through a layer of phosphor
on the inside of the glass.

Storage batteries with lead electrodes and that contain dilute
sulfuric acid as the electrolyte. These include starting batteries,
such as vehicle batteries, marine batteries, small sealed-lead acids
and deep-cell batteries used to power vehicles or marine accessories
such as trolling motors, winches or lights.

Appliances composed predominantly of metal, including stoves,
washing machines, dryers and water heaters. Also included are all
freon-containing appliances, including air conditioners, freezers,
refrigerators and dehumidifiers.

Any building or structure or complex of buildings or structures
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes, whether privately or
publicly financed, except hotels, motels or other guest houses serving
transient or seasonal guests as those terms are defined under subsection
(j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967,
c. 76 (N.J.S.A. 55:13A-1 et seq.), and N.J.S.A. 40:66-1.2 et seq.

A site owned and operated by a municipality for the receipt
and temporary storage of certain designated Class A recyclable materials
delivered by residents, small commercial and nonprofit establishments
for a period not exceeding two months, prior to their transport to
a recycling center or end market.

Residential, commercial and institutional waste in the context
of the Statewide Solid Waste Management Plan update, which constitutes
the waste stream, used to calculate the state-mandated fifty-percent
recycling rate. This waste stream includes waste Types 10 and 23.

Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency of any other entity or any group of such persons, which is
recognized by law as the subject of rights and duties.

All bottles that are labeled as made from polyethylene terapthalate
(PET) and coded as No. 1 and high-density polyethylene terapthalate
(HDPE) and coded as No. 2. Specifically excluded are bottles that
formerly contained hazardous materials, including, but not limited
to, paint, solvents, motor oil and pesticides and herbicides.

Organic material which is capable of, and prone to, a rapid
process of biological and biochemical decomposition, under anaerobic
or aerobic conditions, resulting in the formation of malodorous by-products.

A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the
cost of maintaining roads and streets and providing essential services
is paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No "proprietary campground facility,"
as defined in section 1 of P.L. 1993, c. 258 (N.J.S.A. 45: 22A-49),
shall be considered to be a qualified private community.

Bits and pieces of metal parts (for example, bars, turnings,
rods, sheets, wire) or metal pieces that may be combined together
with bolts or soldering (for example, radiators, scrap automobiles,
railroad box cars) which when worn or superfluous, can be recycled.
Included are all ferrous and nonferrous metals, including appliances
and appliances containing refrigerants.

Empty food, beverage and aerosol containers comprised of
tin, steel or a combination thereof, which formerly contained only
nonhazardous substances or such other substances as have been approved
for recycling by the Department of Solid Waste.

A stand-alone display system containing a cathode ray tube
or any other type of display primarily intended to receive video programming
via broadcast, having a viewable area greater than four inches measured
diagonally, able to adhere to standard consumer video formats and
having the capability of selecting different broadcast channels and
support sound capability.

Waste originating in the community consisting of household
waste from private residences, commercial waste which originates in
wholesale, retail or service establishments such as restaurants, stores,
markets, theatres, hotels and warehouses, and institutional waste
material originated in schools, hospitals, research institutions and
public buildings.

Any oil that has been refined from crude oil, or any synthetic
oil, that has been used and as a result of such use is contaminated
by physical or chemical impurities, or unused oil that is contaminated
by physical or chemical impurities through storage or handling and
is determined to be a solid waste by the generator.

The municipal recycling center that manages used oil and
accepts and/or aggregates and stores used oil collected from used
oil generators regulated under N.J.A.C. 7:26A-6.4 that bring used
oil to the collection center in shipments of no more than 55 gallons
pursuant to N.J.A.C. 7:26A-6.4(e). Used oil accumulation centers may
also accept used oil from household "do-it-yourselfer" used oil generators.

Notwithstanding the limitations to the Burlington County Regional
Program (BCRP) or the municipal recycling depot as outlined within
this chapter, every person is required to source separate and recycle
each of the designated recyclable materials outlined within this chapter.

In order to facilitate the collection of certain designated recyclable
materials, there is hereby established a curbside program for the
collection of source-separated recyclable material from residents
of the municipality.

Designated recyclable materials for the curbside program are those
materials designated by the DSW for collection within the BCRP. These
materials are aluminum cans, corrugated cardboard, glass containers,
paper, plastic bottles (coded No. 1 and No. 2), steel (tin) cans and
other recyclable materials as may be designated from time to time
by the DSW.

Multifamily complexes of 20 or more units, condominium complexes
of 20 or more units or mobile home parks of 20 or more units, or any
commercial or institutional establishment shall not receive collection
under this program unless the collection location and type of containers
are approved by the DSW.

Collections of recyclable materials pursuant to this section shall
be in accordance with a schedule of recycling collection areas and
dates promulgated by the DSW and publicly advertised by the municipality
or county.

All residents served by the curbside program shall source separate all designated recyclables for curbside collection and shall place them at the side of the road fronting their residence in the manner designated by § 397-6 of this chapter and on the date specified for collection.

Residents who are physically unable to place recyclable materials
out for collection within the Burlington County Regional Program shall
be exempt from requirements for participation within the program.
Determinations for this exemption shall be at the discretion of the
Township.

All recyclables placed for collection pursuant to the curbside program established within § 397-5 of this chapter shall be source separated and prepared for collection in accordance with the following conditions:

Recyclables shall not be placed for collection earlier than the evening
of the day preceding a scheduled collection day. Recyclables must
be placed at the roadside by 6:00 a.m. on the scheduled collection
day.

There is a Township bulk recycling dropoff depot for the convenience
of the residents. Source-separated recyclables listed below may be
brought to 725 Smithville Road (the Township Public Works Department)
during the times and days advertised.

It shall be the responsibility of the owner or manager of every multifamily,
qualified private community and mobile home park to construct and
maintain, in a neat and sanitary condition, recycling storage location(s)
and recycling containers on their property in accordance with the
land development ordinances of the Township of Eastampton entitled
"Design of Containment Areas for Designated Recyclable Materials on
Residential Sites" and in accordance with the requirements of the
Burlington County Department of Solid Waste Management.

The owner or manager of each and every one of the above-referenced
locations shall notify all new residents within 30 days of occupancy
and all other residents no less than two times each calendar year
of the recycling location(s), the list of materials that is required
to be recycled, the location of all recycling containers and the requirements
of recyclable material preparation.

The owner or manager of each and every one of the above-referenced
locations who elects not to participate in the Burlington County Regional
Program shall arrange for the collection and recycling of the designated
recyclable materials outlined within this section at their own expense
as allowed by law.

The owner or manager of each and every one of the above-referenced locations shall be required to report recycling tonnages as described in § 397-10, Recycling reporting requirements, except where collection services are provided by the Burlington County Regional Program.

All persons generating municipal solid waste within the Township
through the operation of a commercial or institutional establishment
shall source separate and arrange for collection of all designated
recyclables within 30 days of the effective date of this chapter.

The arrangement for collection of designated recyclables for disposition
hereunder shall be the responsibility of the individual(s) responsible
for the provision of solid waste or recycling services, including
the provision or maintenance of litter receptacles located on the
property of any commercial or institutional establishment generating
designated recyclables.

Pursuant to N.J.A.C. 7:26A-10.3, all multifamily housing owners,
mobile home parks, commercial and institutional housing owners or
their agents shall report the tonnage of designated recyclable materials
collected for recycling from their business or premises as follows:

The management individual(s) responsible for the provision of recycling
services as herein defined at all residential, commercial, institutional
and industrial properties that contract for recycling services with
a private company shall submit to the Municipal Recycling Coordinator,
by the first day of February of each year, documentation verifying
the previous year's total recycling (expressed by weight) for
each material recycled.

Documentation shall take the form of a letter or report issued by
the recycling service provider or end market to the generator of the
recycled material. The generator must maintain weight slips or paid
invoices and make such records available for inspection by this municipality,
county or state for a period not to exceed five years.

Any solid waste or recycling service provider shall submit to the
Municipal Recycling Coordinator, by the first day of February of each
year, documentation verifying the previous year's total recycling
(expressed by weight) for each material recycled as prescribed by
the DSW.

At a minimum, all reporting shall detail the municipality of origin,
the name and location of the market or recycling center and the amount
of each source-separated recyclable material, expressed in gallons,
tons or cubic yards, brought to each manufacturer or recycling center
from the municipality of origin. Those persons specifying this information
in cubic yards shall also indicate the conversion ratio utilized for
calculating the materials from cubic yards to tons.

Any person collecting solid waste generated within the Township shall
refuse to collect solid waste from any person who has failed to source-separate
recyclables designated under any applicable section of this chapter.

Notwithstanding anything herein to the contrary, any resident of
the Township may donate or sell any recyclable to any other person,
whether operating for a profit or not for profit; provided, however,
that the person receiving the recyclables shall not, under any circumstances,
collect the donated or sold material from an established recycling
collection route or from a recycling depot without prior written permission
from the Township for such collection.

Nothing contained in this chapter shall be construed to interfere
with or in any way modify the provisions of any existing contract
which is consistent with N.J.S.A. 13:1E-29 and in force in the municipality
on the effective date of this chapter.

No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this chapter, unless such renewal
or such contract shall conform to the requirements of this chapter.

In addition to the individuals listed in § 397-15A above, the Burlington County Health Department and the DSW are hereby appointed as enforcement officer(s) for enforcement of all recycling requirements of this chapter.

For any management individual(s) responsible for the provision of
recycling services as herein defined at all residential, commercial,
institutional and industrial properties that contract for recycling
services with a private company who fails to report as required within
this chapter: a fine of not less than $500 and not more than $1,000.

In addition to any other remedy provided in this chapter, the Township may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or the County Plan. In addition to an injunction, the court may impose penalties as authorized by § 397-16 hereof. The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence, exercise or any remedy shall not prevent the Township or the county from exercising any other remedy provided by this chapter or otherwise provided by law or equity.

The terms and provisions of this chapter are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This chapter shall be construed in pari materia with the SWMA
and the County Plan.